Carpenter v. Commonwealth

SANDIDGE, Judge.

Appellant, Tim Carpenter, was convicted in the Breathitt Circuit Court of the offense of possessing alcoholic beverages for the purpose of sale in local option territory. The jury imposed a fine of $100 and sixty days in jail. From the judgment on the verdict and order overruling his motion and grounds for a new trial the appellant has moved this court .to grant him an appeal, and urges as grounds for reversal; (1) that Instruction No. 1 was erroneous, and (2) that the court erred in overruling his plea of former conviction.

Instruction No. 1 reads as follows:

“If you believe…